Ballot Integrity 2016 General Election Cycle

Ballot Integrity 2016 General Election Cycle

Appointment of Election Judges and Alternate Judges in General Elections A Presiding Judge and an Alternate Presiding Judge shall be appointed for each General Election precinct. The Presiding Judge and Alternate Presiding Judge must be affiliated or aligned with different political parties. Whether or not the Republican or Democrat submitted for a precinct is appointed as the Presiding Judge or the Alternate Presiding Judge depends on the 2014 Governor s race. In counties where Gov. Greg Abbott received the most votes, the Republican will be the Presiding Judge and the Democrat will be the Alternate Judge. In counties where Democrat Candidate for Governor Wendy Davis received the most votes, the Democrat will be the Presiding Judge and the Republican will be the Alternate Judge.

Appointment of Election & Alt. Judges, cont. Term: The term lasts one year, unless the Commissioners Court by order recorded in its minutes, provides for a twoyear term. Eligibility: An election Judge or Alternate Judge must be a qualified voter of the precinct and satisfy any additional eligibility requirements prescribed by written order of the commissioners court (Sec. 32.051(a)). See Sections 32.051 through 32.056 for disqualifications.

Size Matters Counties with a population over 500,000: o The Commissioners Court shall make these appointments during the Court s July meeting. o Before July (by June 30) Republican AND Democrat County Chairmen will submit a list in writing of eligible Election Judges for each voting precinct site to their Commissioners Court. o The term for the newly appointed Presiding and Alternate Election Judges shall begin on August 1. Counties with a population less than 500,000: o The Commissioners Court shall make these appointments during the Court s August meeting. o Before August (by July 31), Republican AND Democrat County Chairmen will submit a list in writing of eligible Election Judges for each voting precinct site to their Commissioners Court. o The term for the newly appointed Presiding and Alternate Election Judges shall begin on September 1.

Helpful Hints Nominating Judges and Alternate Judges: o Appointed by Commissioners Court. According to Section 32.002(c), the Commissioners Court shall appoint the first person meeting the applicable eligibility requirements from the list submitted by the Party with the highest number of votes for Governor in the last gubernatorial election in the precinct as the Presiding Judge and the second highest number of votes in the precinct as the Alternate Presiding Judge. Remember that the submission must be in writing. You may submit more than one name per precinct, in case someone does not meet the eligibility requirements. (However, please research eligibility beforehand). Additionally, the appointed Election Judges appoint the Election Clerks to assist them in the conduct of the election at the polling place (Sec. 32.031). This could mean at least 2 more Republicans overseeing the polling places in precincts where Republicans are entitled to have a Presiding Judge!

Failure to Submit a List The County Clerk or Elections Administrator, after making a reasonable effort (no definition provided) to consult with the Party Chair of the appropriate political party or parties, shall submit to the Commissioners Court their own list (not yours!) of names of persons eligible for appointment as Presiding Judge and Alternate Presiding Judge for each precinct in which an appointment is not made. (Sec. 32.002 (d)) Section 32.002(d) goes on to state that the Commissioners Court shall appoint an eligible person from the list who is affiliated or aligned with the appropriate party, if available. Therefore, to ensure that Republicans have their legal representation at polling places it is incumbent upon County Chairs to properly submit a list of eligible candidates for Election Judges by the deadline, in accordance with Sec. 32.002.

Confirmation of Appointment Sec. 32.009 states that each Presiding Judge and Alternate Presiding Judge shall be provided with written notice of their appointment. This should be delivered by the authority responsible for distributing the supplies for the election (the County Clerk) within 20 days of the appointment. It is recommended that you attend the meeting of the County Commissioners court where Election Judges are appointed and follow up with the appointed Republican Election Judges and Alternate Judges to ensure that they received their appointment letters.

Stages of Election Fraud (1) Voter Registration (2) Qualifying the Voter (4) Counting the Votes (3) The Actual VOTE

Early Voting Ballot Board Responsibilities of the Early Voting Ballot Board (EVBB). Qualify the ballots by mail received on Election day and for up to five days after the election. Determine if provisional ballots will be counted or not.

Early Voting Ballot Board Composition of Early Voting Ballot Board (EVBB) Consists of a Presiding Judge and at least two other members. The Presiding Judge of the EVBB is appointed in the same manner as a Presiding Election Judge, except that the list is submitted to the County Election Board and that the total votes in the county determine which political party presides. (Sec. 87.002(c&d)) & Section 87.002(b)) The County Election Board (in General Elections) is made up of the County Judge, County Clerk, Voter Registrar, Sheriff, and County Chair of each political party required to nominate candidates by primary election. (Sec. 51.002)

Early Voting Ballot Board Process for Nominee Submission: Section 87.002(c) o Each County Chair of a political party with nominees on the General Election ballot shall submit to the County Election Board a list of names of persons eligible to serve on the EVBB. o There is no deadline for submitting lists of eligible persons by the County Chair; however the SOS recommends the same dates for submission as election judges: Before July (by June 30) in counties with a population over 500,000 Before August (by July 31) in counties with a population under 500,000. MUST be submitted in writing.

Early Voting Ballot Board Process for Appointment: o The County Election Board shall appoint at least one person from each list to serve as a member of the EVBB. o The same number of members must be appointed from each list. (Sec. 87.002(c)) o The County Election Board shall appoint the Presiding Judge from the list provided by the political party whose nominee for Governor received the most votes in the county in the most recent Gubernatorial Election. (Sec. 87.002(d))

Signature Verification Committee Purpose: The signature verification committee is a group that meets prior to Election Day to compare the signatures on the applications for ballot by mail to the corresponding carrier envelopes. (Sec. 87.027) If the early voting clerk determines that a Signature Verification Committee is desirable or if the clerk receives a petition signed by 15 registered voters, the clerk shall issue a written order creating the committee.

Signature Verification Committee Process of Appointment The deadline to submit a petition requesting creation of a Signature Verification Committee is October 1 of an election year. A request submitted by mail is considered submitted at the time of its receipt by the early voting clerk. The early voting clerk determines the number of members on the committee, providing for a minimum of five (the Committee Chair and four members). The County Election Board appoints the members. The Party Chairs submit lists of eligible persons for appointment to the committee. In order to serve on the committee, a person must be a qualified voter of the county.

Signature Verification Committee Timeline for Appointment The County Chairs lists for the appointment of the Signature Verification Committee members are not subject to the June 30 or the July 31 deadline. The County Elections Board shall appoint the members of the Signature Verification Committee not later than the 5th day after the date the early voting clerk issues the order calling for the creation of the committee OR not later than October 15, if the committee is created after a valid petition was submitted requesting its creation.

Signature Verification Committee Composition of Committee Membership o Presiding Judge appointed from the list of the party whose candidate for governor received the highest vote in the 2010 gubernatorial election countywide. Remaining Members the County Election Board must select at least two qualified individuals from each Chair s list. If clerks beyond the minimum requirement are ordered, an equal number must be chosen from each list.

Signature Verification Committee In many counties, the Signature Verification Committee and the Early Voting Ballot Board are the same members. There are still TWO SEPARATE FUNCTIONS for the Board and the Committee. The SVC determines if the signature on the back of the ballot envelope matches the signature on the Application for Ballot by Mail (BBM). They separate into 2 piles: Match OR No Match Only the Match ballots will be counted in the vote total.

Poll Watchers Qualifications of Poll Watchers: Must be a registered voter in the County Cannot be a candidate for office Cannot be employed by, an employee of, or related to an Election Judge or clerk Cannot be an elected public official Cannot be a person convicted of an election offense Can be an officer of a political party Id.

Poll Watchers Appointed by any of the following: County Chair Specific Candidate on the ballot Federal Candidate s Treasurer Write-In Candidate Rules: Maximum of 7 poll watchers at each voting location No more than two on duty at a time Must receive a certificate of appointment Certificate must be delivered to the Election Judge when the Watcher reports for service Must be counter signed in the Judge s presence

Poll Watchers A watcher is entitled to observe any activity conducted at the location at which the watcher is serving. A watcher is entitled to sit or stand conveniently near the election officers conducting the observed activity. A watcher is entitled to sit or stand near enough to the member of a counting team who is announcing the votes to verify that the ballots are read correctly or to a member who is tallying the votes to verify that they are tallied correctly. A watcher is entitled to inspect the returns and other records prepared by the election officers at the location at which the watcher is serving. A watcher may not be prohibited from making written notes while on duty. Before permitting a watcher who made written notes at a precinct polling place to leave while the polls are open, the presiding officer may require the watcher to leave the notes with another person on duty at the polling place, selected by the watcher, for retention until the watcher returns to duty. (Sec. 33.056).

Poll Watchers A watcher is entitled to be present at the voting station when a voter is being assisted by an election officer, and the watcher is entitled to examine the ballot before it is deposited in the ballot box to determine whether it is prepared in accordance with the voter's wishes. A watcher may not be present at the voting station when a voter is preparing the voter's ballot or is being assisted by a person of the voter's choice. (Sec. 33.057). On request of a watcher, an election officer who delivers election records from a precinct polling place, an early voting polling place, a meeting place for an Early Voting Ballot Board, or a central counting station shall permit the watcher appointed to serve at that location to accompany the officer in making the delivery. If delivery is made in a vehicle, an election officer complies with this section if the officer permits the watcher to follow in a different vehicle and drives in a manner that enables the watcher to keep the vehicle in sight. (Sec. 33.060).

Poll Watchers While on duty, a watcher may not: converse with an election officer regarding the election, except to call attention to an irregularity or violation of law; converse with a voter; or communicate in any manner with a voter regarding the election. A watcher may call the attention of an election officer to any occurrence that the watcher believes to be an irregularity or violation of law and may discuss the matter with the officer. An officer may refer the watcher to the presiding officer at any point in the discussion. In that case, the watcher may not discuss the occurrence further with the subordinate officer unless the presiding officer invites the discussion. (Sec.33.058). Election officials who knowingly prevent a watcher from observing an activity the watcher is entitled to observe commits a Class A Misdemeanor. (Sec. 33.061).